Jump to content


  • Tweets

  • Posts

    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

How much the law says you need to live on


Janet-M
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5251 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have just been reading through a letter I recieved about my benefits .One of the pages gives me a break down of how much I get and for what reason.At the top of the page it sates in bold type .... HOW MUCH THE LAW SAYS YOU NEED TO LIVE ON .... yet the goverment are forcing people to have their benefits paid into a bank account and the banks are taking , sometimes , large amounts from it and are saying they are justified to leave people with a less amount then the law says.??

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

Yes, it is a scandal. Even bailiffs or creditors in bankruptcy have to leave you with enough to carry on and to earn a living. Any other creditor only has access to the credit register after an impartial open hearing before a judge,

 

The banks by the abusive use of their contractual have a privileged access to your assets and credit reputation and of course they abuse both.

 

This is an issue which appears to have come to light only since people have had a common forum to express their concerns.

 

It seems to me that this is a subject for a separate campaign on its own. Ther is a need here for proper regulation at the parliamentary level. The banks have shown that they are not to be trusted when left to their own devices.

Link to post
Share on other sites

hi

when the goverment insisted that everybody had to have there benefits paid into the banks there was a hue and cry people were concerned that

this would happen.

the banks said they would not do that and they would have a code of

conduct volanterily to stop this and the goverment agreed.

 

now when my family was young margaret thatcher was in power

everybody was on the dole there was no work. i was one of them.

if they had taken money from my benefits we would have starved.

 

 

people were forced to open bank accounts they did not want pensioners were happy to go to the bank to get there pension in cash so was everybody else the money was always there you could do what you liked with it. wages were the same cash in your hand every friday we were all

pushed into having bank accounts and we were all turned into

bank fodder

Link to post
Share on other sites

  • 10 months later...

Try dealing with the CSA!

 

When Mrs Slayer was assessed for maintenance payments for her 2 children who live with their father, it came to an amount that we simply couldn't afford.

 

She rang them and explained that we have a young child (Baby Slayer was about 9 months old at the time), a mortgage and all the usual domestic stuff and the amount they told her they had decided to take from her salary would actually mean that expenditure exceeded income. She was given a 4 word answer.

 

"THAT'S NOT OUR PROBLEM"

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

Link to post
Share on other sites

  • 1 month later...

Should be made illegal to take charges from anybodys account who is on benefits. The sooner laws are passed to stop these charges the better.Banks must be made to pay peoples charges back automatically for the last 6 years minimum or as long as they have had their accounts.How long before this happens- who is in charge of all these banks- are they politically entwined. Are they all having a glass of champers at their club having a laugh at their latest profits.People power will win. Taking money from peoples accounts who are on BENEFITS DISGUSTING PRACTICE- even if you explained to them i bet they would still take them- saying something like thats your problem -terrible

Link to post
Share on other sites

Guest NATTIE

It is unlawful to stop people from taking their benefits even if they are over the overdraft limit.

Link to post
Share on other sites

I know I am one of many who have had charges taken from benefits

I wonder is it returned direct debt charges that most people have taken from benefits. I know some companies are going to charge for not paying this way, but how annoying it that?

I was recently charged for an unpaid Direct Debt. I complained to my bank saying this is how much the government says I need to live on etc…and quoted Right Appropriation…but they wouldn’t back down. I was deflated! and shocked that they did not take notice. I thought maybe I have got it wrong and they can take benefits.

But I was really desperate, I couldn’t give up. I had no other money coming in that week, so I went into the bank to see some-one face to face. I did get my money back in my account that afternoon, but it felt more like a goodwill gesture than an acknowledgement that they couldn’t take benefits.

I don’t want to have to go through that again so on the advice of CAG members I opened a basic account and I am having all benefits paid into it. Most importantly, I will not be setting up any direct debts with my new account, as these are my biggest problem. Sometimes I only need to wait a few days to have enough to pay a bill, but with direct debts you get no leeway.

As I said though, most companies want us to pay by direct debt, so I may have a problem there. I think watchdog covered this recently.

Link to post
Share on other sites

I have moaned about losing my I.C.A to everyone from the C.A.B to the Prime Minister, but it did me no good. All I did was earn £68 per week instead of the measly £50 I was allowed and they took 15 months I.C.A off me. I have been paying it back at £5 per week now for over 5 yrs I think I have another 3yrs and then I will be paid up I hope.

Link to post
Share on other sites

I didnt know it isnt allowed to take charges from peoples benefits- i had never heard of Right Appropriation.I wonder how many people have just been left with no money for the week and just suffered.Must be thousands going back over the years.How many would have given up with phone call to bank-WHY should Stitch 05 have had to go to bank -can only imagine what that must have felt like.As for Direct Debits they dont suit everybody and no doubt you will have to pay more for not paying this way-it does not seem fair.Some low income people have token meters for electricity and more or less pay before they use-i have heard they charge 25% extra for this -wow add that up over a few thousand people-i hope my facts are right with this.Good luck to anybody claiming charges back from banks- or fighting for their rights-draw strength from this site-bye for now Tawny.

Link to post
Share on other sites

I don't know the real answer but i do know that it shouldn't be happening, just over a year ago, i was on maternity leave and i had agreed my return to work with my boss and as far as i was concerned everything was fine. My supervisor however, didn't bother sending my paperwork to payroll so as far as payroll was concerned i wasn't coming back so they only paid me £50 anyway two days later they paid the right amount the following month, the bank took over £600 from y acc. I was in tears and it was just lucky that my child benefit was being paid into a different acc so for a month, i had to live on £28 per week! i was so depressed. Banks really do have a lot to answer for. I just hope that the whistleblower programme is going to show just how much it truly costs the banks and then i hope the OFT takes this into acc when they come up with their ruling.

Link to post
Share on other sites

I read something today about the credit unions wanting to start having basic bank accounts, you can set up direct debits, have money paid in and have a basic bank card, sounds good to me, what do other people think, it is, they said, an answer for people who wont be able to open a bank account elsewhere

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Hi all I am on benefits don't get me wrong I get a fair bit due to my wife and I both being disabled, the thing that gets me is while I was able to work for the most part I was able to meet DD,s etc as paid monthly. Though I did bitch about some demands for DD,s to be paid 28th of the month (lazy b*****rs did not know how to write a computer program able to cope with up-to 31 days in a month) when I was paid last day of month. But when I had to stop working and just had benefits I found that could not get DD,s amended to every 2 weeks to co-inside with benefit payments so this resulted in failed DD and charges. I have now stopped all DD,s bar those I can cover with private pension paid at month end. This now means that when I now pay company's that used to be paid by DD,s I have to pay extra for not using DD,s. At this time this cost me an extra 30 every month for admin charges etc.

 

If someone knows a way of forcing say gas, electric, phone etc to make fortnightly DD,s please reply I know a lot of people on fortnightly benefits want this option.

 

dpick:mad:

Link to post
Share on other sites

Hi all I am on benefits don't get me wrong I get a fair bit due to my wife and I both being disabled, the thing that gets me is while I was able to work for the most part I was able to meet DD,s etc as paid monthly. Though I did bitch about some demands for DD,s to be paid 28th of the month (lazy b*****rs did not know how to write a computer program able to cope with up-to 31 days in a month) when I was paid last day of month. But when I had to stop working and just had benefits I found that could not get DD,s amended to every 2 weeks to co-inside with benefit payments so this resulted in failed DD and charges. I have now stopped all DD,s bar those I can cover with private pension paid at month end. This now means that when I now pay company's that used to be paid by DD,s I have to pay extra for not using DD,s. At this time this cost me an extra 30 every month for admin charges etc.

 

If someone knows a way of forcing say gas, electric, phone etc to make fortnightly DD,s please reply I know a lot of people on fortnightly benefits want this option.

 

dpick:mad:

 

 

 

Hi Dpick

 

I'm on benefits and get paid weekly! and so therefore pay everything weekly or fortnightly, but not by direct debit, but by standing order! which I think is much better! But some companies will argue with you that they wont accept Standing orders either unfortunatly!

 

hope that helps! :)

 

in the middle of january I was over my overdraft limit and and 2 Direct debits got returned to the bank, the foillowing Friday my Child Tax Credit went in and they took the whole amount of my child tax credit! at £70, 2x £35:mad: I rang them up and complained! and said I needed that money to pay bills and it was the only money I had but the only thing they offered me was to extend my overdraft I have a straight £100 at the minute that comes with the account! So they said they would extend it to £180 and I had to pay it off by instalments every month at £20 per month on the last day of the month! anyway a week later I got my bank charges back (thanks to this site):D and my Account has been in credit ever since! so at the end of January they took there first £20, and reduced it to £160, I rang them up and said because the account was in credit and asked them to take the remaining £60 off since I had the money in the account to cover it! They said they would and it would be sorted by midnight that night! anyway the next day the account was still showing with the extra £60 showing on the over draft limit!

 

I never bothered again and just thought oh well they must of just left it has it was and they'll continue to take it has a reduced £20 at the end of every month! anyway the end of February and it was still showing has £60 over the limit so they had'nt took it!

 

I rang them up again a few days in to March to ask what ws going on and to ask them to take the full lot off again! (Bearing in mind my account was still in credit) they said I could keep it if I wished its not a problem! But I insisted I had enough in my account to cover it etc, and wanted it taken off! So they took it all off in the end, just like that and did'nt even charge me!:eek:

 

The moral of this story is that If your struggling and in your overdraft, the banks will charge you more! But if your in credit and not struggling the banks wont charge you! I still cant understand why they did'nt charge me for this overdraft!

Link to post
Share on other sites

Hi Dpick

 

I'm on benefits and get paid weekly! and so therefore pay everything weekly or fortnightly, but not by direct debit, but by standing order! which I think is much better! But some companies will argue with you that they wont accept Standing orders either unfortunately!

 

hope that helps! :)

 

in the middle of January I was over my overdraft limit and and 2 Direct debits got returned to the bank, the following Friday my Child Tax Credit went in and they took the whole amount of my child tax credit! at £70, 2x £35:mad: I rang them up and complained! and said I needed that money to pay bills and it was the only money I had but the only thing they offered me was to extend my overdraft I have a straight £100 at the minute that comes with the account! So they said they would extend it to £180 and I had to pay it off by installments every month at £20 per month on the last day of the month! anyway a week later I got my bank charges back (thanks to this site):D and my Account has been in credit ever since! so at the end of January they took there first £20, and reduced it to £160, I rang them up and said because the account was in credit and asked them to take the remaining £60 off since I had the money in the account to cover it! They said they would and it would be sorted by midnight that night! anyway the next day the account was still showing with the extra £60 showing on the over draft limit!

 

I never bothered again and just thought oh well they must of just left it has it was and they'll continue to take it has a reduced £20 at the end of every month! anyway the end of February and it was still showing has £60 over the limit so they hadn't took it!

 

I rang them up again a few days in to March to ask what ws going on and to ask them to take the full lot off again! (Bearing in mind my account was still in credit) they said I could keep it if I wished its not a problem! But I insisted I had enough in my account to cover it etc, and wanted it taken off! So they took it all off in the end, just like that and didn't even charge me!:eek:

 

The moral of this story is that If your struggling and in your overdraft, the banks will charge you more! But if your in credit and not struggling the banks wont charge you! I still cant understand why they didn't charge me for this overdraft!

 

Hi there I have done same as you but my way was to set up payment through internet banking so I pay when the money comes into account, had to prove to some (gas etc) that this would work over a six month period. They were happy after this to accept payments this was. Now all talk of extra work required if not paying by DD,s. So now I am having to pay extra when it's two computers doing the work mine and theirs.

 

all the best dpick:mad:

Link to post
Share on other sites

Hi,

As Janet-m says people are being forced to have benefits paid through banks. And as we have pay bills out of these accounts, direct debts are not the best option for some people. If like me you have several direct debts, the penalty charges will leave you with even less benefit.

 

I just looked at the watchdog website, and they have a report about companies charging customers penalties for not paying their bills by direct debt. They also have a useful template letter to challenge these companies if you are being charged.

 

Sorry I'm still sort of new here, and not quite sure if I am allowed to post links, but the report/template letter is pretty easy to find if you get onto the Watchdog website. I know I will be sending several letters!

Link to post
Share on other sites

It looks like a lot of people are losing all trust in banks and how they treat people.Do benefits have to be paid into bank accounts- i would prefer the old way of payment at the post office. Then the vultures couldnt get their hands on it.I would rather keep any money i have got under the mattress.If anybody is reading this on Wednesday 20TH March you must watch Whistleblower tonight on BBC 1 at nine o clock. The vultures at Barclays sound like they are going to be exsposed for what they are.Anybody with any claims against them put the interest on -they would.On second thoughts check it out first this was written when i was slightly angry. Good luck - keep the claims going in.Tawny

Link to post
Share on other sites

Hi

if you are on benefits you can ask for a post office account. My daughter has been having trouble with HSBC so we have just sent first letter to reclaim. She contacted benefits and said bank kept charging her and that she no longer wanted bank account and they said fine as of next week benefit will be paid by giro until po account set up and she arranged to pay all bills in cash and not had a problem.

Link to post
Share on other sites

Hi

if you are on benefits you can ask for a post office account. My daughter has been having trouble with HSBC so we have just sent first letter to reclaim. She contacted benefits and said bank kept charging her and that she no longer wanted bank account and they said fine as of next week benefit will be paid by giro until po account set up and she arranged to pay all bills in cash and not had a problem.

 

Hi Midge

 

that sounds great for your daughter but please bear in mind that paying in cash or any other way than direct debit some companies are going to charge you for non direct debit fees unfortunatly very unfair though! I know Virgin media are allready doing this and BT are going to too! just a thought :)

Link to post
Share on other sites

I won't pay my bills by DD but I pay by standing order .They are paid on time so if I get charged the extra they are saying they will if you do not pay by DD I will be refusing to pay and asking them to justify the extra charge seen as the payment is not late .

If a firm tells me that they won't accept a S/O then i open the account with a DD get whatever the service is but cancel it shortly afterwards and make it a S/O.I WILL pay my bills in my way and be in control of my money .As long as they get paid there is nothing they can do

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

  • 2 years later...
Hi all I am on benefits don't get me wrong I get a fair bit due to my wife and I both being disabled, the thing that gets me is while I was able to work for the most part I was able to meet DD,s etc as paid monthly. Though I did bitch about some demands for DD,s to be paid 28th of the month (lazy b*****rs did not know how to write a computer program able to cope with up-to 31 days in a month) when I was paid last day of month. But when I had to stop working and just had benefits I found that could not get DD,s amended to every 2 weeks to co-inside with benefit payments so this resulted in failed DD and charges. I have now stopped all DD,s bar those I can cover with private pension paid at month end. This now means that when I now pay company's that used to be paid by DD,s I have to pay extra for not using DD,s. At this time this cost me an extra 30 every month for admin charges etc.

 

If someone knows a way of forcing say gas, electric, phone etc to make fortnightly DD,s please reply I know a lot of people on fortnightly benefits want this option.

 

dpick:mad:

I pay mine straight from bank over internet when my benefits come in i will not have direct debits on my account if they dont like it then its tough

Link to post
Share on other sites

It seems to me that this is a subject for a separate campaign on its own.

 

FWIW, I completely agree.

 

I recently sent a letter to my MP making a number of points about the unfairness of Halifax being able to help themselves to £63 for an unauthorised £0.08 overdraft for 1 day.

 

I asked specifically why banks have this right. He answered all my points but that one.

 

Mike

Link to post
Share on other sites

  • 9 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5251 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...